Authorized capital of a microcredit company. Registration of a microfinance organization in Russia

  1. Can you add an organization from the region (not from Moscow) to the MFO register?
    Yes. In this case, we will organize the work remotely, without your coming to Moscow.
  2. What are the requirements for the name of a microfinance organization?
    The name of the microfinance organization should not coincide with the name of the full and (or) abbreviated names of the microfinance organization already entered in the state register of microfinance organizations.
  3. Is it necessary to indicate the phrase “microfinance organization” in the name of an MFO?
    The phrase “microfinance organization” must be indicated in the name from July 1, 2015. If the microfinance organization was registered earlier, it must bring its name into compliance by the end of 2016. If a legal entity whose name contains the phrase “microfinance organization” loses the status of a microfinance organization, that person is obliged to remove the phrase “microfinance organization” from its name within thirty working days from the date of exclusion of this legal entity from the state register of microfinance organizations."
  4. Can a microfinance organization apply a simplified taxation system?
    No. The Law of November 2, 2013 introduced amendments to the Tax Code of the Russian Federation, which prohibit MFOs from using the simplified tax system from January 1, 2014.
  5. Are there any restrictions on the size of the authorized capital of an MFO?
    There are no restrictions on the size of the authorized capital of microfinance organizations as such. However, you should remember that for each loan issued in an amount exceeding 10% of the authorized capital of the MFO, you will need to make a decision of the General Meeting of Participants/Shareholders to approve this transaction.
  6. Can an MFO engage in other activities?
    Microfinance organizations may engage in other activities, with the exception of any types of professional activities in the securities market (Clause 7, Article 12 of the Federal Law dated 07/02/2010 N 151-FZ (as amended on 12/21/2013) “On microfinance activities and microfinance organizations”.
  7. Are there any requirements for participants/shareholders of MFOs?
    In accordance with the Federal Law of July 2, 2010 N 151-FZ (as amended on December 21, 2013) “On microfinance activities and microfinance organizations,” there is only one requirement for participants/shareholders of an MFO: An individual who is a participant/shareholder of an MFO must not have an outstanding or an outstanding conviction for a crime in the field of economic activity or a crime against government authority.
  8. Are there any requirements for the head of an MFO?
    The head or member of the collegial management body of an MFO in accordance with Federal Law dated July 2, 2010 N 151-FZ (as amended on December 21, 2013) “On microfinance activities and microfinance organizations” cannot be:
    1) persons who exercised the functions of the sole executive body of financial organizations at the time these organizations committed violations for which their licenses to carry out the relevant types of activities were canceled (revoked), or violations for which the said licenses were suspended and the said licenses were cancelled. (revoked) due to failure to eliminate these violations, if less than three years have passed from the date of such cancellation (revocation). In this case, a financial organization for the purposes of this Federal Law means a professional participant in the securities market, a clearing organization, a management company of an investment fund, a mutual investment fund and a non-state pension fund, a specialized depository of an investment fund, a mutual investment fund and a non-state pension fund, a joint-stock investment fund, credit organization, insurance organization, non-state pension fund, trade organizer;
    2) persons in respect of whom the period during which they are considered subject to administrative punishment in the form of disqualification has not expired;
    3) persons who have an unexpunged or outstanding conviction for crimes in the field of economic activity or crimes against state power.
  9. Are you preparing any special Charter for MFOs?
    For microfinance organizations, we are preparing a charter containing provisions on the activities of microfinance organizations in accordance with the Federal Law of July 2, 2010 N 151-FZ (as amended on December 21, 2013) “On microfinance activities and microfinance organizations”
  10. Do MFIs need to submit any additional reporting?
    Microfinance organizations are required to submit quarterly documents to the Bank of Russia containing a report on microfinance activities and the personnel of their governing bodies. The forms and deadlines for submitting these documents are determined by the Bank of Russia.
  11. Do I need to provide credit history information to the Credit History Bureau?
    Information on the operations of legal entities, citizens carrying out business activities without forming a legal entity, and individuals is provided by microfinance organizations for the purpose of forming credit histories in the credit history bureau in the manner and under the conditions provided for by the agreement concluded with the credit history bureau in accordance with Federal Law dated December 30, 2004 N 218-FZ “On Credit Histories”

How to open a microloan company and earn huge money on crazy interest rates? Most people think that this is very easy to do, but this is a misconception that has nothing to do with reality. Opening your own business providing microloans to the population from scratch is a very expensive and dubious “pleasure”.

How to open a microloan business? How do they make money here? Where to begin? What do you need to open? Where and how to register? Or maybe it would be better to open a franchise business? Answers to the most popular questions from readers in this article.

Business - payday microloans for the population

The essence of this business model is to lend your own or borrowed funds at interest. The main income consists of interest for the use of borrowed funds, which is accrued on the principal amount of the debt and paid by the borrower on the repayment date.

It is most profitable to issue short-term payday loans. The average interest rate for them is 2% per day, and for microloans for a long period - 0.5-1% per day. By issuing a microloan for a short period, the money can be returned faster and used to issue a new loan to another client. Thus, increasing profitability compared to providing long-term loans.

If we imagine that the average microfinance organization in a small town issues 15 microloans per day in the amount of 5,000 rubles for 10 days, then the organization’s net income per day will be 1,500 rubles, for 10 days - 15,000 rubles, for 30 days - 45,000 rubles. And these are the most modest calculations. In fact, even in small towns, potential borrowers continually turn to microfinance organizations in order to borrow money before payday.

How to open microloans? What do you need to open?

To open a microcredit organization from scratch, a significant investment will be required, and the procedure for registering an MFO will take about 1-2 months. If you calculate the most budget option for an offline microfinance organization in a small town on the periphery, then the approximate estimate will look like this:

  • Registration, state fees, specialist assistance (about 10 thousand rubles)
  • Office rent, minor cosmetic repairs - about 25-35 thousand rubles, subsequent rent of premises with monthly payment. A cheaper option is to place a sales counter in a large shopping center.
  • Purchase of equipment (tables, chairs, PCs and components, printer, scanner, etc.) is about 50 thousand rubles, if you save money and get everything in good condition.
  • Recruitment/salary. To reduce the cost of the enterprise as much as possible, you can get by with only manager-consultants who will play the role of cashier, security guard, security guard, and cleaner. Most often this is what happens in local microfinance organizations. The salary in a small peripheral city will be about 12-20 thousand rubles. for everyone.
  • Costs for an accountant. You can save here by hiring a part-time accountant and submitting papers to fill out immediately before sending reports to higher authorized bodies, the tax office, the Central Bank, etc. Such one-time work for an accountant will cost about 4-8 thousand monthly.
  • Everyday expenses. In addition to the main costs, the business owner faces small but very important monthly payments. This is payment of bills for the Internet and telephone communications (cellular and landline). This will cost an average of 1000-1500 rubles per month. Purchasing office supplies, refilling printer cartridges, etc. Depending on the rental conditions of the premises, there may be costs for electricity and water. Don’t forget about printing services (business cards, various forms, etc.) In general, about 3-5 thousand rubles will be spent on monthly needs.
  • A very important factor is verification of the borrower. Depending on the budget, the owner can use different verification methods:
  1. Scoring assessment is the most expensive option. You need to buy a licensed program and pay a lot of money for it.
  2. Requests to BKI and calls to contact persons. You can connect batch (wholesale) requests, or single ones. In the first case, the cost of the request varies from 150-200 rubles. and higher. In the second, the minimum is 250-300 rubles.
  3. Free request to the FSSP database and calls to contact persons. A free and most dangerous verification method for MFOs, which increases the percentage of loans issued to fraudsters and large debtors.

As a result, it turns out that opening the most budgetary microfinance organization in a small town on the periphery will cost the owner 125-135 thousand rubles. The amount is small, but it was formed without taking into account the creation and support of the site, without advertising, hotline operators, customer verification scoring system or paid requests to the BKI, security service, cashier, etc. With these components, creating an MFO would cost at least 3-4 times more than the minimum estimate.

Where and how to register?

The process of registering and obtaining MCC (microcredit organization) status is a painstaking and lengthy task that requires money, time and effort. First of all, the owner of a future business needs to draw up all the regulatory documents (charters, rules of provision, general terms of service, etc.) Documents need to be developed in accordance with the current legislation of the Russian Federation and special federal laws (No. 151, 152, 230, 115, etc.). d.)

Then you need to decide on the legal form: LLC, JSC, etc. and register a legal entity with the tax office by paying a state fee (4,000 rubles). The list of required documents can be clarified at any branch of the Federal Tax Service. The registration procedure is standard, it takes 5 days, after which you can go for a certificate and other documents.

Next, you need to order a stamp and open a bank account. To do this, you need to select a suitable credit institution and familiarize yourself with the list of all necessary documents for opening a current account for legal entities. The account will be opened in approximately 2-5 days.

After this, you need to send a state duty to the Central Bank of the Russian Federation in the amount of 1000 rubles from this organization’s current account. The state duty is paid for entering information about a legal entity into the state register of microcredit organizations. This is exactly what you need to write in the purpose of payment.

When the state duty is paid, you need to send a package of documents along with a receipt for payment of the duty to the Central Bank to obtain MCC status and be included in the list of financial market participants (MFO register). Within 14 days, the Central Bank's financial markets service must make a decision on whether to include the organization in the register or to refuse it.
As soon as information about the organization is added to the register, it will be able to provide microloans in cash at offices and points of sale.

Microloan franchises: which ones are there, which one to choose?

If your own strength is not enough to create an MFO from scratch, and the idea of ​​earning your first million by providing microloans does not leave you, then it is better to turn your attention to microloan franchises.

An alternative option for opening a microloan outlet would be a franchise of a microfinance organization. This is an excellent option for beginner businessmen with no experience and a great desire to do just this business.

A microloan franchise is the right to use the intellectual property (brand, logo, details, documents, conditions, etc.) of a large microfinance organization by its “little brother.” An aspiring entrepreneur pays money to the owner of a large microfinance organization for the right to open a microloan center that will operate under the brand of the “parent” organization. Moreover, the deal provides that the franchisee will comply with the charter and all regulatory documents of the franchisor.

Among the microfinance organizations that offer a franchise are: Money for You, Money before Payday, Momento Money, Miladenezhka, FastFinance, Convenient Money, Master Money, Migom Money and others.

Based on the terms of the franchise and customer reviews, the MFO FastMoney and Moneyman franchises receive very decent ratings. The anti-TOP included Money Before Payday and Momento Money.

5 reasons to work as a franchise

If you don’t have enough experience and money, and you don’t know how to open a microloan business from scratch, then it’s better to use a franchise. And that's why:

  1. Opening your own microfinance organization has become very difficult and costly, and maintaining it is even more difficult (document flow, reporting, Central Bank inspections, etc.)
  2. The assessment of the borrower will be carried out by the head office of the organization. There is no need to spend additional money on requests to BKI, calls to contacts, etc. Perhaps the franchisor has its own software or scoring program that additional franchise locations can use.
  3. The parent organization undertakes accounting and legal services. The franchisee saves on an accountant, security service, lawyer, etc.
  4. A recognizable and well-promoted brand, assistance in advertising. The owner of a new business needs to promote everything from scratch, but here you can use everything ready-made (layouts, training videos, a call center with free customer support, instructions for promoting on the Internet, via SMS, a guide on how to open a microloan center, etc. )
  5. After the Law “On Collectors” (Federal Law No. 230) comes into force, not a single collection organization will work with a small microfinance organization that issues loans only in one locality on the periphery. If you work with a franchisor, you will have access to the spacecraft with which the “big brother” cooperates.

Due to the bank’s high requirements for credited persons, the demand for the services of microfinance organizations is quite high. At the same time, the owners of such organizations receive a stable profit, because the interest on deposits is very high.

A microfinance organization is a commercial organization that issues interest to legal entities in accordance with the Federal Law of July 2, 2010 No. 151-FZ “On microfinance activities and microfinance organizations.”

Information about microfinance organizations must be contained in the general register.

All microfinance organizations, in accordance with Federal Law dated December 29, 2015 N 407-FZ “On amendments to certain legislative acts of the Russian Federation and invalidation of certain provisions of legislative acts of the Russian Federation,” are divided into microfinance companies and microcredit companies.

The requirements for microfinance companies are much higher than for microcredit companies: it is necessary that the charter amount to 70 million rubles, it is necessary to comply with the requirements for the formation of a reserve fund, an annual audit, etc.

At the same time, the possibilities of a microfinance company are much wider: it has the right to issue bonds, the loans issued are much larger - up to a million for citizens and up to three for organizations.

A microcredit organization does not have the right to issue loans in excess of 500 thousand for individuals and not more than a million for legal entities.

Reasons for opening an MFO

The reasons for opening an MFO are as follows:

  1. A crisis for a microfinance organization is a time for accumulating profits, since banks are actively reducing the issuance of loans (especially to individuals), so competition in this area is much lower.
  2. Despite the fact that the population is not exactly a reliable borrower, microfinance organizations in small towns are still staying afloat.
  3. Low competition - since the Central Bank adopted new rules, the number of microfinance organizations has decreased, as “gray organizations” gradually left the market.

What is the difference between an MFO and a bank?

There are many differences between microfinance organizations and banks:

  1. a microfinance organization can only issue short-term loans, while banks provide a full range of financial services;
  2. It’s much easier to get a loan from a microfinance organization - you don’t need any documents other than proof of identity;
  3. obtaining a loan from a microfinance organization is much faster than from a bank;
  4. The bank often imposes additional services - issuing plastic cards, insurance.

How to open a microfinance organization is described in detail in this video:

How to open a microfinance organization yourself from scratch

There are two ways to open a microfinance organization:

  • the first implies ;
  • the second is opening from scratch.

Franchising is the easiest way, since the main obligations for organizing a business are dealing with both accounting and the legal side of the issue, and software.

In addition, specialists are trained, which reduces the risks associated with the impossibility of returning the money issued. A significant disadvantage of this method is the high cost of the franchise, although there are quite favorable offers.

To organize a company from scratch, you need to have knowledge of working with borrowers. The easiest way to start such a business is for a former bank employee.

The advantage in this case is that all the profit from issuing microloans goes to the owner of the organization. The downside is the need to independently bear the risk of non-returns.

The registration algorithm for a microfinance organization is as follows:

  1. To register a limited liability company, it is necessary to prepare the entire package: these are constituent documents, an order for the appointment of a director, a corresponding application, a receipt for payment of the state fee, a lease agreement or a letter of guarantee for its conclusion;
  2. Next, you should register the status of a microfinance organization - for this you need to send documents to the Federal Financial Markets Service about entering information into the system - the application is reviewed within two weeks; The list of documents is approximately as follows: an application for entering information, copies of registration and constituent documents, information about the founders, receipts for payment of state fees, information about the actual postal address, etc.
  3. renting office space - it is better to choose a walkable location;
  4. purchase of equipment, machinery and furniture;
  5. hiring employees;
  6. carrying out an advertising campaign.

The payback for such a business is quite large and occurs within a year.

How to register an individual entrepreneur with the Federal Tax Service - see.

Features of raising funds

Raising funds to a microfinance organization is carried out by organizing an advertising campaign. However, recently lead generation has been popular - an Internet marketing tool, in the implementation of which contextual advertising and direct marketing play a large role.

Registration certificate.

However, the process of attracting funds to a microfinance organization is subject to a number of rules:

  1. funds are raised through loan agreements;
  2. the transfer of funds to a microfinance organization is voluntary;
  3. all employees must observe the secrecy of issuing loans (similar to banking);
  4. clients must also keep information about invested funds confidential;
  5. Moreover, such organizations do not have the right to attract funds from individuals, with the exception of the director or founder, and also if the amount of funds raised does not exceed 1.5 million;
  6. the interest rate can change unilaterally;
  7. the issuance of interest on raised funds can be in cash or non-cash form;
  8. the client can manage funds independently and through an authorized representative;
  9. arrest and confiscation of client funds can only be carried out by court decision;

Business plan with calculations

Before you act, you need to draw up a rough financial plan taking into account expenses and income.

How to draw up a business plan yourself - read.

Here's how business expenses will be roughly calculated:

  1. Initial costs will include:
    1. registration of a limited liability company - about 20 thousand;
    2. furnishings - about 50 thousand rubles;
    3. purchase of several computers and programs for them - about 80 thousand;
    4. advertising campaign - about 80 thousand rubles;
    5. fund for issuing loans - about 1 million rubles.
  2. running costs– these are the funds that are necessary monthly for the normal functioning of the business:
    1. premises rental – about 60 thousand;
    2. employee salary – about 100 thousand monthly;
    3. advertising campaigns and so on - about 100 thousand monthly.

Such financial costs will be typical for starting in a populated area where the population does not exceed 1 million people. With such monthly expenses, it is necessary to issue loans in the amount of more than half a million, only in this way the business will gradually begin to pay off.

How much can you earn and over what period?

So, for the calculation we took a small city with a population of less than a million people. Let's consider how profits will grow over five years.

Currently, the rate on microloans should not exceed three times the amount. This high rate is due to the fact that the risk of non-repayment on loans exceeds the risk of issuing bank loans.

If you set the rate at about 250%, then the capital can increase 30 times over a five-year period. Of course, we are not talking about net profit - it will depend on the effectiveness of the advertising campaign and the percentage of repayment on loans.

How to open a microfinance organization as a franchise, watch the video:

Over five years, monthly profits from microfinance activities can grow to 5 million, excluding taxes and personnel costs. For such income it is necessary to roll over the reserve fund annually.

This calculation is approximate in order to demonstrate the dynamics of profit growth.

It is worth increasing the pace gradually. It is worth starting to issue loans with small amounts - up to 50 thousand, without raising the interest rate.

There is an unspoken rule - the larger the loan amount, the higher the interest. This is due to the fact that even in the case of the most malicious evasion, a microcredit organization can gain at least a quarter of the profit.

It will be useful to make contacts with the police or other departments, since in case of non-repayment it will be necessary to obtain information about the borrower.


MFO - what is it?

When creating a microfinance organization, you must consider the following:

  1. the name must contain the phrase “microfinance company”;
  2. a condition prohibiting the accrual of interest to the borrower, if the amount of interest and other payments accrued under the agreement reaches three times the amount of the loan, it should be indicated on the first page of the loan agreement;
  3. a novice businessman should hire a good lawyer who will help understand the jungle of legislation and develop standard forms, and also represent the interests of the organization if forced collection is necessary;
  4. According to recent information in the media, it became known that the Central Bank is ready to allow microfinance organizations to acquire the status of a bank with limited capabilities, thanks to which they will be able to receive financing from household deposits, engage in money transfers, exchange currency and issue guarantees; These changes are due to the fact that the Bank of Russia has revoked the licenses of many banks, and now this niche needs to be closed.

Thus, microcredit is a promising area for financing.

Individual entrepreneur status can also be obtained through the State Portal - details in.

Despite the fact that the start-up capital of a microfinance organization requires serious investments, the costs will pay off within a short period of time.

Registration of microfinance organizations in 2018

Entry into the register of microfinance organizations (MFC, MCC). Do you need a license to organize a microfinance organization? How to add an MFO to the Central Bank register? Can an MFO not only issue loans, but also accept investments from citizens and entrepreneurs? Do MFOs need to join an SRO? Which SROs are legitimate? Expert Olga Mikheenko (Audit Prof company) answers these questions.

How to open an MFO

First you need to register your business. I will not describe this procedure; you can do it yourself, but you need to take into account all the special requirements for the MFO Charter. including through Multifunctional Centers, which are designed to make life easier for people when receiving government services. The only thing worth mentioning in this regard is that MFOs do not have the right to apply the “simplified” system. This prohibition is spelled out in Federal Law No. 301-FZ dated November 2, 2013 “On Amendments to Certain Legislative Acts of the Russian Federation,” according to which clause 3 of Art. 346.12 of the Tax Code of the Russian Federation, containing a list of organizations that do not have the right to apply the simplified taxation system, was supplemented by microfinance organizations.

After the company is registered, loans cannot yet be issued. You need to obtain MFO status. By law, a license for microfinance activities is not required. But this does not mean that an MFO can operate without supervision. The regulator is the Central Bank; it is from the Central Bank that MFOs are obliged to obtain a number in the unified register. Only after a company is included in the register does it acquire the status of an MFO.

How to register an MFO with the Central Bank (get a number in the register of microfinance organizations)

In principle, you can do this yourself. To register an MFO, the following documents will be required:

Copy of state registration certificate (OGRN)

Copy of constituent documents

Decisions on the election (appointment) of officials and management bodies of a legal entity, containing:

Information from the founders of the legal entity

Information about legal address

Applications for entering information about a legal entity into the state register of microfinance organizations

Copies of the decision to create a legal entity

You can entrust this work to a third party. Audit Prof specializes in registering and servicing microfinance organizations, so we can do it all for you. In the future, it is planned to transfer the registration of MFOs to the SRO level. That is, before receiving a number in the register, the SRO will analyze the package of documents. This was reported by representatives of the Central Bank at specialized conferences. But for now this is in the plans.

How to come up with a name for an MFO and check it for originality

The names of microfinance organizations should not be identical so as not to mislead consumers. Therefore, before submitting documents for registration to the Central Bank, you need to check the name. The rules are as follows: whoever first introduced the name keeps it for himself. You can check the name on the Central Bank website.

The name cannot be reserved. One of the reasons for refusal to register an MFO may be the name already in the register.

Our company specializes in supporting the business of microfinance organizations; it is impossible to guarantee 100% receipt of a number in the register, because during the preparation of documents, someone may already take the name indicated in the documents.

As a piece of advice, it’s better to avoid the phrase “quick money”; this is the most common option; companies specializing in creating and promoting brands will help you come up with an original name.

What requirements does the Central Bank impose on microfinance organizations?

In the process of obtaining IFC status, IFCs confirm to the regulator the presence of equity capital in the amount of at least 70 million rubles. MFCs can accept loans from individuals and carry out remote identification of clients, which allows them to develop their business online. They can issue 1,000,000 rubles per person as loans to individuals, and 3,000,000 rubles to entrepreneurs. All other companies are automatically included in the MCC; such companies will have to include the phrase “microcredit organization” in their name; they do not need to confirm their own capital and are also not required to be assessed by the Central Bank for MCC status. They will be able to issue individuals up to 500,000 rubles per borrower, and 3,000,000 rubles per entrepreneur. You cannot accept funds from individuals, but you can accept funds from legal entities, including the founders of the company.

It must be remembered that the law establishes a minimum loan amount from individuals - 1.5 million rubles. Investments in IFCs are not insured by the state, and therefore are considered risky for unqualified investors, in other words, for ordinary citizens who do not understand the intricacies of investing in various instruments. The amount of investment has not changed; IFCs can attract savings from citizens in the amount of 1.5 million, as in previous years, before the introduction of legislative innovations.

MFOs must submit quarterly reports to the mega-regulator. This is done on the Central Bank website through your personal account. Audit Prof provides assistance in the preparation and submission of reports. Contact us!

Required to submit reports to Rosfinmonitoring, MFOs are required to develop and apply measures to prevent the laundering of proceeds from crime and the financing of terrorism. That is, it will be necessary to identify the persons being served, carrying out transactions with funds, and disclose the list of affiliated persons. Including, but not limited to.

In addition, it is necessary develop and put into practice rules for providing microloans. The rules must be available on the Internet. Either on the MFO website or on a third-party resource. And also in places where loans are issued.

Like banks, MFOs are obliged submit information about borrowers and their loans to the Credit History Bureau. In relations with borrowers, MFOs, like banks, must comply with the law on consumer credit (loan), which regulates the form of the agreement, limits penalties and penalties, and so on.

MFO rates cannot set arbitrarily. There are certain limits - the Central Bank announces the average value of the PSC, which is called for different categories and types of loans. When forming the average PSC, market realities are taken into account. The MFO has no right to deviate by more than one third from the average value of the total cost of the loan. You also need to remember about the law on advertising. Lawmakers are currently proposing to increase fines to 1 million. In general, we can say that if someone thinks that the business of issuing microloans is not particularly troublesome and has no framework, then these people are mistaken. If you conduct your business legally, observing all norms and laws, then there will be enough work. And playing “in the dark” by not registering an microfinance organization currently means flagrantly breaking the law. They promise to “sort out” black creditors at the Security Council level. Their activities are suppressed by the police, the Prosecutor's Office, the public organization "People's Front", Self-Regulatory Organizations, the Ombudsman, and the Central Bank. Channels are being created for the exchange of information about illegal immigrants in the market. It is safe to say that the task of ridding the market of black offices that represent themselves as MFOs and do not have a number in the register is task No. 1 for the microfinance market.

Re-registration of MFOs - due to the division of the market into MFCs and MCCs, it will be necessary to change the name of the company, including the phrase “microcredit company”

An MFO can do this on its own, or it can entrust it to specialists. Necessary:

1. Prepare documents for registration of changes in the name of the microfinance organization for the Federal Tax Service.

2. Notify the Central Bank of Russia about the change in the name of the MFO

After adding the words “microfinance company” to the name of the MFO, the Central Bank must be notified of these changes.

The period for notifying the Central Bank of a change in the name of an LLC is 30 days from the date of registration of the changes with the Federal Tax Service of Russia.

In addition, it will be necessary to make changes to the Charter of the MFO; this should also not be forgotten. And inform partners about the name change.

Recorded by Julia Siebert

LLC "Audit Prof"

MFO is an organization that provides lending to the population on the basis of microloan agreements. “Micro” includes loans of no more than 1 million rubles. The activities of such institutions are regulated by Law No. 151-FZ of July 2, 2010.

Microfinance companies are not as strictly regulated as banks. There are no special requirements for them in terms of the amount of equity capital; there is no need for licensing, creation of reserves and mandatory insurance contributions to special funds. This explains the wide distribution of such institutions, especially since registering microfinance organizations does not present any difficulties. Opening a microfinance company includes 2 stages: creating a legal entity and obtaining MFO status.

Instructions for registering microfinance organizations

According to the law, a microfinance organization can exist in the form of a foundation, institution, non-profit organization, non-profit partnership, partnership, or business company. The second condition necessary for operating as an MFO is its inclusion in the register of financial market participants.

First, you need to decide on the choice of organizational and legal form of a legal entity and submit an application for its opening. Let's look at how an MFO is registered step by step using the example of an LLC - the most common option for private microfinance firms.

Step 1. Preparation of constituent documents

The charters of an MFO and an ordinary legal entity have significant differences. When developing a constituent document for a future microfinance company, it is necessary to be guided by the provisions of Law 151-FZ. A charter drawn up without taking into account the requirements set out in legislation often becomes the reason for refusal to include a company in the register of microfinance organizations.

However, this cannot be an obstacle to state registration of the organization itself. It is permissible to first register an LLC, and then make the necessary changes to the Charter and submit documents for the right to engage in microcredit.

The legislation requires that it be indicated in the MFO Charter

  • a complete list of activities;
  • a clause on the preliminary approval of all transactions worth more than 10% of the value of the company’s property according to the latest balance sheet;
  • body responsible for developing rules for microcrediting clients;
  • the procedure for disclosing information about persons influencing decisions of the governing bodies of microfinance organizations.

For the full functioning of the organization, you can add the following types of activities:

  • providing microloans to individual entrepreneurs, legal entities and individuals;
  • financial intermediation;
  • consulting services in the field of financial intermediation;
  • auxiliary activities in the field of insurance;
  • data processing.

It is worth paying attention to the size of the planned authorized capital. If it is minimal (10 thousand rubles for an LLC), then according to the rule of approval of transactions for the issuance of each loan over 1 thousand rubles. You will have to obtain permission from the company's participants. For MFOs in the form of a joint-stock company, it will be necessary to organize a meeting of shareholders for each transaction from 10 thousand rubles, since the “minimum” share capital is 100 thousand rubles. This procedure can hardly be considered reasonable. It is more expedient to increase the authorized capital to an acceptable amount by determining the maximum amount of loans issued without the participation of the founders.

By the time of registration of an MFO, the persons responsible for developing the Rules for the provision of microloans must not only be appointed and recorded in the Charter, but also must complete the preparation and publish the document in the public domain.

Step 2. Registration with the tax office

For state registration of a legal entity, it is necessary to collect a number of documents:

  1. The founder’s decision to create a company or the Minutes of the founders’ meeting, recording the result of voting on the relevant issue.
  2. Charter developed taking into account the requirements of 151-FZ.
  3. Order on the appointment of the General Director.
  4. Application in form p11001, completed and certified by a notary.
  5. Payment document confirming payment of state duty (4 thousand rubles).
  6. Request to receive a copy of the charter certified by the Federal Tax Service.

The procedure for registering an MFO is no different from creating any other organization - documents are submitted with the Federal Tax Service, and after 5 working days you can receive a completed certificate and other papers.

Step 3. Opening an account

A newly created legal entity cannot engage in lending until it is registered as an MFO. The state charges a fee for this, and the funds must be transferred to the budget from the organization’s current account and cannot be contributed in any other way. Therefore, the opening of an account occurs immediately after the state registration of the LLC.

Here the procedure is standard: select a bank, clarify the terms of service and tariffs, prepare the requested package of documents. As a rule, this is a copy of the Charter, a recent extract from the Unified State Register of Legal Entities, an Order on the appointment of the general director.

Depending on the rules adopted by a particular bank, documents are certified on site or in a notary office. In addition to the agreement with the cash settlement department of the credit institution, the general director must issue a card with sample signatures and seals. An LLC is now not required to have a seal, but an MFO is unlikely to do without it. So by the time you go to the bank, the seal should already be made.

The account will be opened within 2–3 days. There is no need to notify the tax and extra-budgetary funds about this; the bank itself will transmit all the information. Now you can deposit 1 thousand rubles into your account. and make a write-off using the details of the Bank of Russia Financial Markets Service. In the payment order, in the payment purpose field, you must indicate: state fee for entering information about a legal entity into the state register of microfinance organizations.

Step #4. Registration of the status of a microfinance organization

After the abolition of the Federal Financial Markets Service, records of participants in financial markets are maintained by the corresponding service of the Bank of Russia. To register an MFO with the Central Bank, the following documents are required:

  1. Application from the manager for inclusion of a legal entity in the register of microfinance organizations (in free form, indicating full information about the company and the applicant).
  2. The decision to create a company.
  3. Charter
  4. Order on the appointment of the general director.
  5. Certificate of state registration of the company (OGRN).
  6. Certificate of tax registration (TIN).
  7. Extract from the Unified State Register of Legal Entities with the director’s signature and seal.
  8. Information about the founders of the LLC.
  9. Information about the location of the company's governing body (legal address).
  10. Inventory.
  11. Bank “payment” with a note indicating that the fee has been written off.

Constituent documents are collected in notarized copies. The entire package must be sent by valuable letter to the regional Financial Markets Service of the Bank of Russia.

If everything is in order with the papers, within 14 working days the department must make a decision on registration and send a notification to the applicant. While waiting for the letter, you can check the result on the Central Bank website: if the application is approved, the MFO will appear in the register in the “financial market participants” section.

From this moment on, the legal entity can legally issue loans. It is worth noting that the registration of microfinance organizations in 2015 is the focus of increased attention of the Central Bank. He has taken a course towards tightening control over the microfinance market and systematically arranges on-site inspections.

The requirements of the laws that MFOs are obliged to follow in their activities are subject to strict compliance:

  • 151-FZ on MFOs – disclosure of information about persons influencing decision-making, publication of the procedure for providing microloans;
  • 115-FZ on combating the laundering of illegally obtained funds;
  • 152-FZ on the processing and protection of personal data.

The most common reasons for excluding a legal entity from the MFO register are suspicions of unreliable company reporting, receipt of information about violations from citizens and law enforcement agencies, fraud with maternity capital, and raising funds from individuals in the amount of less than 1.5 million rubles.